Premises liability refers to the legal responsibility of property owners and occupiers to ensure their premises are safe for visitors. When they fail to uphold this duty, and you are injured, the property owner may be liable for the damages.
Premises liability often involves complex legal issues and requires a Westbury personal injury lawyer who thoroughly understands state and local laws.
At Levine And Wiss, PLLC, our team of experienced Westbury premises liability lawyers is dedicated to helping victims of unsafe property conditions seek justice. We understand the physical, emotional, and financial toll of these injuries and have recovered millions on behalf of victims and their families.
Whether you were injured on commercial, public, or private property, an experienced Westbury premises liability lawyer is here to guide you through the legal process and fight for the compensation you deserve.
Understanding Premises Liability
Premises liability is a legal concept that holds property owners and occupiers responsible for maintaining a safe environment for visitors. If a dangerous condition on the property causes injury, the owner or occupier may be liable for your damages. Premises liability cases can arise in a variety of situations, including:
- Slip and trip and fall accidents: Slip and trip and fall accidents are one of the most common types of premises liability cases and the leading cause of injury emergency department (ED) visits for individuals of all ages in New York City. These slip or trip and fall accidents can occur due to wet floors, uneven surfaces, poor lighting, or debris on the ground.
- Inadequate security: Property owners are responsible for providing adequate security to prevent criminal acts such as assault, robbery, or sexual assault. Failure to do so can result in premises liability claims.
- Dog bites and animal attacks: Property owners may be held liable if a dog or other animal on their property attacks and injures you.
- Swimming pool accidents: Swimming pools present numerous hazards, especially for children. Property owners must take steps to prevent drowning and other accidents.
- Falling objects: Injuries caused by falling objects, such as merchandise in a store or tree branches, can lead to premises liability claims.
- Exposure to toxic substances: Property owners are responsible for ensuring that you are not exposed to hazardous materials, such as asbestos, mold, or chemicals.
- Elevator and escalator accidents: According to a study published in the National Library of Medicine, nearly 10,000 escalator-related injuries occur annually. Malfunctioning elevators and escalators that cause these serious injuries can lead to premises liability claims.
Contact Levine And Wiss, PLLC, if you are injured on someone else’s property. Our experienced premises liability attorneys in Westbury are ready to fight for you. We will help you recover the compensation you deserve for your injuries and other losses.
For a free legal consultation with a premises liability lawyer serving Westbury, call 888-468-4878
Common Causes of Premises Liability Injuries
Our Westbury premises liability attorneys handle injury claims that occur in a variety of settings. Premises liability injuries occur in commercial establishments, private residences, and construction sites. Some of the most common causes of these injuries in Westbury include:
- Negligent maintenance: Property owners must keep their premises safe. This includes repairing broken stairs, fixing leaky roofs, and addressing other hazards, as failure to do so can lead to accidents and injuries.
- Poor lighting: Inadequate lighting in parking lots, stairwells, and walkways can lead to slip or trip and fall accidents or assaults. Property owners must ensure that all areas are well-lit and safe for visitors.
- Wet or slippery floors: Spills, leaks, and wet surfaces are common causes of slip and fall accidents. Property owners must promptly address these hazards and provide adequate warning to visitors.
- Uneven surfaces: Cracked sidewalks, loose tiles, and other uneven surfaces can cause trip and fall accidents. Property owners are responsible for repairing these hazards and ensuring their premises are safe.
- Lack of security: Property owners must take reasonable steps to prevent criminal activity on their premises. This includes installing security cameras, hiring security personnel, and ensuring all entry points are secure.
- Defective staircases: Broken or poorly constructed staircases can lead to serious accidents. Property owners must regularly inspect and repair stairs to prevent injuries.
- Faulty elevators and escalators: Malfunctioning elevators and escalators can cause severe injuries, including fractures, amputations, and even death. Property owners are responsible for ensuring that these devices are regularly inspected and maintained.
- Unfenced pools: Swimming pools without proper fencing or safety measures can be hazardous, especially for children. Property owners must take steps to prevent drowning and other pool-related accidents.
- Equipment malfunctions: Faulty machinery or tools and defective or improperly erected scaffolding can lead to catastrophic construction site accidents. Property owners, general contractors, subcontractors, and equipment suppliers are all responsible for maintaining a safe site.
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Understanding the Legal Aspects of Premises Liability Cases
Premises liability cases involve several complex key legal concepts. This is why having a knowledgeable premises liability lawyer in Westbury is crucial. Understanding these concepts is essential for successfully pursuing a premises liability claim.
Duty of Care
Property owners owe a duty of care to those who enter their premises. The level of care required depends on the status of the visitor. This status can be categorized as an invitee, licensee, or trespasser.
- Invitees: Invitees are individuals who enter the property for a commercial purpose, such as customers in a store. Property owners owe the highest duty of care to invitees, meaning they must take reasonable steps to ensure the property is safe and free of hazards.
- Licensees: Licensees are individuals who enter the property for a non-commercial purpose, such as social guests. Property owners owe a moderate duty of care to licensees, meaning they must warn them of any known hazards that may not be immediately apparent.
- Trespassers: Trespassers are individuals who enter the property without permission. Property owners owe the lowest duty of care to trespassers, meaning they are generally not liable for injuries unless they willfully or wantonly cause harm.
Negligence
Negligence is central to a premises liability lawsuit. Our Westbury premises liability lawyers must prove that the property owner acted negligently to succeed in a premises liability claim. This means showing that the owner failed to exercise reasonable care in maintaining the property and that this failure directly caused your injuries.
Comparative Fault
New York follows a pure comparative negligence system under Section 1411 of the state’s laws. This means you may recover compensation in a legal claim even if you are 99% at fault for your injuries. To maximize your damages, you should always turn to an attorney for legal advice.
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Levine And Wiss, PLLC Can Help You Prevail in a Westbury Premises Liability Claim
Seek legal guidance immediately if you are injured due to unsafe conditions on someone else’s property. Our experienced Westbury premises liability lawyers at Levine And Wiss, PLLC, are here to guide you through the legal process and fight for the compensation you deserve.
Contact us today to schedule your free consultation and take the first step toward justice.
Call 888-468-4878 or complete a Free Case Evaluation form